§ 16-119. Reports of certain disorders by physicians and specialists.
(a) Certain disorders to be defined.- The Department of Health and Mental Hygiene, together with the Medical and Chirurgical Faculty and the State Board of Examiners in Optometry, shall define:
(1) Disorders characterized by lapses of consciousness; and
(2) Disorders that result in a corrected visual acuity that fails to comply with the vision requirements of this subtitle.
(b) Reports to be made to Administration and to subject of report.-
(1) Except as provided in paragraph (2) of this subsection, any physician and any other person authorized to diagnose, detect, or treat disorders defined under subsection (a) of this section may report to the Medical Advisory Board and to the subject of the report, in writing, the full name, date of birth, and address of each individual 15 years old or older who has any such disorder.
(2) Unless authorized by the individual in writing, a report may not be made from information derived from the diagnosis or treatment of any individual on whom a confidential or privileged relationship is conferred by law.
(c) Persons to be examined.- On receipt of a report under this section, the Administration shall:
(1) As soon as practicable, arrange for an examination of each reported individual who holds a driver's license; and
(2) If the individual fails to meet the requirements of this subtitle, cancel his license.
(d) Reports confidential.-
(1) Except as provided in paragraph (2) of this subsection, the reports made to the Administration under this section:
(i) Are confidential;
(ii) May be disclosed only on court order; and
(iii) May be used only to determine the qualifications of an individual to drive.
(2) The Administration may use information in the reports it receives for the purpose of driver safety research, provided that personal information is not published or disclosed.
(3) The Administration may contract with third parties to assist with driver safety research.
(4) A person may not use these reports for any other purpose.
(e) No civil or criminal action against informant who does not violate privilege.- A civil or criminal action may not be brought against any person who makes a report under this section and who does not violate any confidential or privileged relationship conferred by law.
(f) Use of report as evidence.- A report made under this section may not be used as evidence in any civil or criminal trial, except in a legal action involving an alleged violation of a confidential or privileged relationship conferred by law.
[An. Code 1957, art. 661/2, § 6-110.3; 1977, ch. 14, § 2; 1981, ch. 9, § 1; 2008, chs. 423, 424.]